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  • Resigned, withholding last wk pay? Maryland

    I submitted my resignation, exempt-salaried employee, on July 30th to be effective Aug 15th (a two week notice of my resignation). My boss told me today she would withhold my last week of pay because I did not give a 3 to 4week notice. Can she legally do this?
    Thank you for your assistanc, cak

  • #2
    No, the employer cannot do that. You must be paid for all time worked. Even if you had an employment contract that required a longer notice period, you could not be penalized by withholding of pay for time already worked. Without such a contract, you could have given NO notice and they STILL could not penalize you by withholding pay or accrued vacation.
    Last edited by Pattymd; 08-06-2008, 04:08 PM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Just one clarification. The DLLR and Legislature can't seem to get their act together but as of this moment, vacation pay at termination is subject to the employer's policy and is not automatically due. It is confusing as this has changed no less than 4 times in the past year, but legislation was passed (a minor miracle in Annapolis) which makes vacation pay subject to the employer's policy. Note that conditional payouts of vacation are another matter and though the DLLR and courts have fairly consistantly frowned on the practice, this has not been tested by the courts nor DLLR in any meaningful way since the new legislation was passed. In other words, if your employer only pays vacation if proper notice is given, it may be worth your while to at least contact the DLLR and see what their guidance du jour might be.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #4
        Effective April 24, 2008, Sections 3-504 and 3-505 of the Maryland Wage Payment and Collection Law (“WPCL”) were amended to address for the first time the issue of whether an employer must pay terminated employees for any accrued but unused leave upon termination. Specifically, like in many other states, the amended sections provide that an employer is not required to pay accrued leave to any employee if:

        The employer has a written policy that limits the compensation of accrued leave to employees;
        The employer notified the employee of the employer’s leave benefits in accordance with § 3-504(a)(1); and
        The employee is not entitled to payment for accrued leave at termination under the terms of the employer’s written policy.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Originally posted by ElleMD View Post
          Just one clarification. The DLLR and Legislature can't seem to get their act together but as of this moment, vacation pay at termination is subject to the employer's policy and is not automatically due. It is confusing as this has changed no less than 4 times in the past year, but legislation was passed (a minor miracle in Annapolis) which makes vacation pay subject to the employer's policy. Note that conditional payouts of vacation are another matter and though the DLLR and courts have fairly consistantly frowned on the practice, this has not been tested by the courts nor DLLR in any meaningful way since the new legislation was passed. In other words, if your employer only pays vacation if proper notice is given, it may be worth your while to at least contact the DLLR and see what their guidance du jour might be.
          Last I heard, it was iteration 3.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            What can I say? Annapolis has done a royally crappy job of making the policy of the moment known.

            Prior to last summer the regulation was that you didn't have to pay it out at termination as long as it was communicated in advance. Conditional payouts were frowned upon but not expressly forbidden. A court case last summer changed that and conditional payouts were ruled unlawful. In response several months later, the DLLR changed their regulations to state that leave must be paid out regardless of policy. Then, this spring the legislature passed the above law during emergency session, but conveniently were silent on conditional payouts. Safest is to assume that the past precedent in the court still holds, though now that there is actually a law on the books that leans the other direction, no one knows for sure.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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            • #7
              thank

              thank you all for your responses, very helpful. cak:

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